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SANDEEP SHARMA
Himachal Pradesh Housing & Urban Development Authority – Appellant
Versus
Ajay Kumar – Respondent
JUDGMENT :
Sandeep Sharma, J.
Being aggrieved and dissatisfied with award dated 15.9.2015, passed by sole arbitrator in respect of dispute between the parties relating to the “work of construction of Bus Stand at Chamba including Water Supply and Sanitary installation”, whereby a sum of Rs. 39.71 Lakh alongwith interest at the rate of 7% per annum from the date of award till realization, came to be awarded in favour of the respondent/claimant, besides awarding Rs. 1.50 Lakh as litigation cost, the petitioner has approached this Court in the instant proceedings under S.34 of the Arbitration and Conciliation Act, 1996.
2. Briefly stated the facts of the case are that the work of construction of Bus Stand at Chamba including Water Supply and Sanitary installation was entrusted to HIMUDA by the Chief Executive Officer, Himachal Pradesh Bus Stand Management and Development Authority, Shimla-3. The new bus stand was to be constructed on the site, where District Jail Chamba was situated. Tender documents were invited on 30.5.2011 and work was allotted to the respondent/claimant being lowest tenderer on 18.7.201 vide award letter dated 18.7.2011.
3. Pursuant to awarding of work in favour of th
Point of Law : Award could also be set aside if it is so unfair and unreasonable that it shocks the conscience of the court. Such award is opposed to public policy and is required to be adjudged void....
The scope of interference by courts in an Arbitral Award under Section 34 of the Arbitration Act is limited. Courts will not interfere with an award unless it is patently illegal, against public poli....
Limited intervention of the Courts in arbitral proceedings is intended by the legislature. An Arbitral Award may only be set aside if it is patently illegal, against the public policy of India, based....
The limited scope of intervention by Courts in arbitral awards under Section 34 of the Arbitration and Conciliation Act, emphasizing the need to satisfy specific grounds for setting aside an arbitral....
Limited grounds for setting aside an arbitral award under Section 34 of the Arbitration Act and the Court's reluctance to re-adjudicate disputes on their merits.
The judgment emphasizes the limited grounds for interference with arbitral awards under Section 34 of the Arbitration and Conciliation Act, highlighting the need for restraint by courts while examini....
The Court held that the Arbitral Award does not suffer from any infirmities enshrined in Section 34 of the Act. The Impugned is not in conflict with the public policy of India. Further, the learned T....
The scope of judicial review of an arbitral award is limited. The Court will not interfere with an arbitral award unless it is patently illegal, in contravention of the fundamental policy of India, o....
Limited grounds for interference with an Arbitral Award under Section 34 of the Arbitration Act
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